Your lawyer will tell you that the type of injuries that you have sustained and the extent of their seriousness will play a large role in determining your final settlement value.
Your personal injury lawyer in Ottawa will also tell you that the amount of money that you have spent this far treating your injuries will also play a role in determining your final settlement value. Personal injury law refers to these as “medical special damages.” The fact of the matter is that there are many different types of personal injuries that you can sustain that will influence the value of your final settlement.
The types of injuries determine the limits of final settlement
Lawyers know that the types of injuries you sustain will determine the limits and floors of your final settlement. Some of these injuries are straightforward and easy to calculate. These belong to the medical injuries’ category. Others, however, are difficult to calculate. These include pain and suffering.
As a rule of thumb, the cases with more extensive and severe personal injuries are rewarded with bigger settlements. Insurance adjusters automatically associate larger personal injuries with more pain and suffering. The types of injuries you sustained will be used as a base point when using the damage formula to determine what your final settlement should be.
This formula will give you a bigger final settlement if your personal injuries were extensive and severe. However, if your personal injuries were more minor, you’ll likely have to prove with evidence that you sustained the pain and suffering that justifies a larger settlement.
Soft Tissue and Hard Bone Injuries
The personal injury lawyer will tell you that there are two categories of personal injuries:
● Soft tissue
● Hard bone
If you sustain soft tissue injuries, you’ll have to document the pain and discomfort you suffered. You can submit this as evidence for your personal injury claim or case. A doctor can diagnose hard bone injuries. He or she can then document these extensively in your medical records. Your medical records can be used as evidence in your personal injury claim or case!
Soft Tissue Injuries
Soft tissue injuries include a sprained back, ankle, neck, or knee. These involve the ligaments, skin, organs, and muscles. Because insurance adjusters don’t consider these types of injuries to be very major or severe, they tend to assign values that are up to 50% less when using their personal injuries calculator formula.
Insurance adjusters justify this on the grounds that soft tissue injuries tend to be less severe, less dangerous, and temporary. Therefore, they don’t need as much money to treat effectively. They are aware of the fact that it would be a challenge for you to prove otherwise in court.
Hard Bone Injuries
You’ll get a bigger settlement for these because these are generally considered to be more severe and dangerous. There are many categories of hard bone injuries:
● Broken bones – you’ll get a larger settlement if you can prove that you broke bones in your personal injury accident.
● Head injuries – these can be long-lasting and have serious consequences that materialize years after the fact. Your personal injury settlement will be much higher for these reasons.
● Separations, Dislocations, and Ligament or Cartilage Tears – you’ll get a higher settlement for these because they’re considered to be fairly serious.
● Wounds – gashes, tears, and bad cuts tend to result in a higher settlement.
● Spinal disk or vertebrae injury – these will get you a higher settlement
Indeed, you’ll need extensive documentation for your personal injuries. You’ll also need good legal help to get the settlement that you want and need.
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